3769.0810
Collection and settlement agent for simulcast fees.

(1)
"Collection
and settlement agent" means the permit holder designated by the state racing
commission under division (B) of this section.

(2)
"Racing week" means a seven-day period commencing on a Monday and ending on a
Sunday.

(3)
"Simulcast
guest" and "simulcast host" have the same meanings as in section
3769.089 of the Revised
Code.

(4)
"Satellite
facility" has the same meaning as in section
3769.25 of the Revised
Code.

(5)
"Settlement
of wagering accounts" means the exchange of funds in order to equalize payments
of winning wagers at all tracks and facilities participating in a common
pari-mutuel pool.

(B)
Except as
provided in division (K) of this section, the state racing commission
shall annually appoint as the collection and settlement agent one or more
permit holders of tracks that hold no fewer than three fifty-six-day permits
issued under section
3769.07 of the Revised Code. The
collection and settlement agent shall give a cash or surety bond payable to the
treasurer of state in an amount set by the commission for the performance of
its duties under this section, and the bond shall be filed with the
commission.

(1)
At the close of each day, each permit
holder acting as a simulcast guest shall pay, by check, draft, or money order,
or by wire transfer of funds, out of the money retained on that day to the
collection and settlement agent an amount equal to one-half of one per cent of
the total of all moneys wagered on that day on out-of-state simulcast racing
programs simulcast to the simulcast guest from a simulcast host, to reimburse
the simulcast host for administrative and simulcast costs.

(2)
Within five business days after the close of each racing week, the collection
and settlement agent shall pay and distribute to each simulcast host operating
during that racing week its pro rata share of the fees collected from simulcast
guests during that racing week. If a simulcast host acted as a host for
day-simulcast racing programs only, then its share of the fees collected by the
collection and settlement agent shall be computed and based on fees paid by
simulcast guests offering such day-simulcast racing programs at their tracks.
If a simulcast host acted as a simulcast host for evening-simulcast racing
programs only, then its share of the fees shall be computed and based on fees
paid by simulcast guests offering such evening-simulcast racing programs at
their tracks. In making a calculation of the amount of fees to be distributed
to simulcast hosts, the collection and settlement agent shall allocate equally
between the accounts of simulcast hosts conducting only day-simulcast racing
programs and only evening-simulcast racing programs those fees received by the
agent from simulcast guests for simulcast racing programs that commenced on or
after three p.m. and on or before
four p.m. The times listed in division (C)(2) of this section are standard time
as described in section
1.04 of the
Revised Code and in the "Uniform Time Act of 1966," 80 Stat. 107, 15
U.S.C. 260 to 265.

(1)
At the close of each day, each permit
holder shall pay, by check, draft, or money order, or by wire transfer of
funds, out of the money retained on that day to the collection and settlement
agent the intrastate simulcast fee provided in division (D) of section
3769.089 of the Revised Code in
the amount equal to one and three-eighths per cent of the total of all moneys
wagered on that day at its track or enclosure on live races conducted in this
state and simulcast to its facility.

(2)
Within five business days after the close of each racing week, the collection
and settlement agent shall pay and distribute to permit holders that conducted
live racing programs in this state during that racing week their share of the
fees collected from other permit holders for that racing week.

(E)
At the close
of each day, each permit holder and satellite facility shall pay, by check,
draft, or money order, or by wire transfer of funds, out of the money retained
on that day to the collection and settlement agent a sum equal to required fees
due to tracks, racing associations, or state regulatory agencies located
outside this state for races simulcast into this state based on the totals of
all money wagered that day at its track or enclosure or satellite facility on
simulcast racing programs of races conducted outside this state. The collection
and settlement agent shall inform the permit holders and the satellite
facilities each day of the fee charged by each track, racing association, or
state regulatory agency located outside this state for the simulcast of
simulcast racing programs on races conducted outside this state and simulcast
into this state. The collection and settlement agent shall be responsible for
paying and disbursing to these tracks, racing associations, and state
regulatory agencies on a timely basis the fees collected by it from permit
holders and satellite facilities under this division.

(F)
On
or before the tenth day of each month, the collection and settlement agent
shall file a report with the state racing commission showing all of the
following:

(1)
All
collections of moneys and fees from permit holders and satellite facilities
during the preceding calendar month;

(2)
All
payments and disbursements made by the agent to permit holders operating as
simulcast hosts and the method of calculation of the share of each simulcast
host;

(3)
All payments
and disbursements of required fees to tracks, racing associations, and state
regulatory agencies located outside this state from which there were simulcasts
of simulcast racing programs into this state;

(4)
Such other information regarding the performance of its duties under this
section as the commission may request.

(G)
All
moneys and fees received and collected by the collection and settlement agent
shall be deposited into, and disbursed from, separate bank accounts maintained
with banks domiciled in this state established by the agent for this purpose,
and no other funds or money of the agent or any other person shall be
commingled with, deposited into, or withdrawn from the accounts. The collection
and settlement agent may retain as its fee for services it provides and
expenses it incurs in the performance of its duties under this section any
interest earned on the bank accounts maintained by the agent under this
division. The commission shall annually audit the bank account records, and the
books and records, of the collection and settlement agent.

(1)
The collection and settlement agent shall
assist permit holders and satellite facilities in the settlement of wagering
accounts between and among simulcast hosts, simulcast guests, and satellite
facilities for intrastate simulcast racing programs.

(2)
The
collection and settlement agent on behalf of all permit holders and satellite
facilities operating in this state shall be responsible for the settlement of
wagering accounts for interstate simulcast racing programs with all tracks,
racing associations, and state regulatory agencies located outside this state.
The agent shall notify each permit holder and satellite facility not less
frequently than weekly of the amounts that may be due from it, or the amounts
that may be due to it, for the settlement of wagering accounts on interstate
simulcast racing programs simulcast into this state during the preceding race
week. If a permit holder or satellite facility owes money for the settlement of
wagering accounts for that racing week, it shall promptly pay, by check, draft,
or money order, or by wire transfer of funds, to the agent the amount due. From
the amounts it collects, the agent shall pay and disburse to permit holders and
satellite facilities and to tracks, racing associations, and state regulatory
agencies located outside this state, the amounts necessary to provide for the
settlement of wagering accounts for that racing week.

(I)
If
a permit holder or satellite facility fails to timely pay and remit to the
collection and settlement agent the money and fees provided for in this section
and in sections
3769.089 and
3769.26 of the Revised Code, the
agent shall promptly notify the commission, or if the collection and settlement
agent fails to collect, pay, disburse, and account for, the moneys and fees in
the manner provided for in this section, then in any such event or occurrence,
based on the information in the commission's possession, the commission may
issue an emergency order prohibiting the permit holder, satellite facility, or
agent, as the case may be, from serving as a simulcast host or simulcast guest
or from receiving any simulcast racing program, and conducting wagering
thereon, at its track or satellite facility, until such time as the permit
holder, satellite facility, or agent complies with the requirements of this
section and sections
3769.089 and
3769.26 of the Revised Code in the
manner and to the extent set forth in the commission's order. In addition, the
commission may make an assessment against the permit holder, satellite
facility, or agent, as the case may be, based on information in the
commission's possession. The commission shall give the party assessed written
notice of the assessment by personal service or certified mail. All assessments
not paid within thirty days after service of the notice of assessment, shall
bear interest at the rate per annum prescribed by section
5703.47 of the Revised Code
computed from and after the date the assessment is made by the commission and
entered in its official records until paid.

Unless the party to whom
the notice of assessment is directed files with the commission, within thirty
days after service of the notice of assessment, either personally or by
certified mail, a petition for reassessment in writing, signed by the party
assessed, or by the party's authorized agent having knowledge of the facts, the
assessment shall become conclusive and the amount of the assessment, together
with interest on it, shall be due and payable from the party assessed to the
commission. The petition shall indicate the objections of the party assessed,
but additional objections may be raised in writing if received prior to the
date shown on the final determination by the commission.

Unless the petitioner
waives a hearing, the commission shall assign a time and place for the hearing
on the petition and notify the petitioner of the time and place of the hearing
by personal service or certified mail, but the commission may continue the
hearing from time to time if necessary.

The commission may make
such correction to its assessment as it finds proper. The commission shall
serve a copy of its final determination on the petitioner by personal service
or certified mail, and its decision in the matter is final, subject to appeal
under section
119.12 of the Revised Code.

After an assessment
becomes final, if any portion of the assessment, or interest due on it, remains
unpaid, a certified copy of the commission's entry making the assessment final
may be filed in the office of the clerk of the court of common pleas in the
county in which the track for which the permit was issued is located or the
county in which the party assessed resides or has its principal place of
business. If the party assessed maintains no place of business in this state
and is not a resident of this state, the certified copy of the entry may be
filed in the office of the clerk of the court of common pleas of Franklin
county. The clerk, immediately upon the filing of such entry, shall enter a
judgment for the state against the party assessed in the amount shown on the
entry.

From the date of the
filing of the entry in the clerk's office, any unpaid portion of the
assessment, including the interest, shall bear interest at the rate per annum
prescribed in section
5703.47 of the Revised Code and
shall have the same effect as other judgments. Execution shall issue upon the
judgment upon request of the commission, and all laws applicable to sales on
execution apply to sales made under the judgment.

If the judgment is
entered against the collection and settlement agent, the commission may
immediately proceed against the agent's bond and surety for the full amount of
the judgment and interest on it.

Any assessment, including
interest on it, paid to or collected by the commission shall be deposited with
the treasurer of state to the account of the commission, and the fee portion of
such amount shall be distributed by the treasurer of
state on order of the commission to the collection and settlement agent
or to the permit holders and satellite facilities entitled to receive such
fees, as the case may be under the circumstances.

(J)
The
commission may adopt rules for the implementation and administration of this
section.

(1)
Notwithstanding any other provision of this section, after sixty days
notification to the commission, a permit holder may take responsibility for
handling any payments and distributions required of a collection and settlement
agent under this section for any or all related permits under common ownership
in lieu of making the required payments and distributions through the
collection and settlement agent designated by the state racing commission under
division (B) of this section.

(2)
Any permit
holder having responsibility for payments and distributions required under
division (K)(1) of this section shall, on or before the tenth day of each
month, file a report with the state racing commission showing the
following:

(a)
All payments
and disbursements made by the permit holder to permit holders operating as
simulcast hosts and the method of calculation of the share of each simulcast
host;

(b)
All payments
and disbursements of required fees to tracks, racing associations, and state
regulatory agencies located outside this state from which there were simulcasts
of simulcast racing programs into the permit holder facilities;

(c)
Such other
information regarding the performance of the permit holder's duties under this
section as the commission may request.

(3)
A permit
holder having responsibility for payments and distributions required under
division (K)(1) of this section may utilize an authorized agent to make the
required payments and distributions.